Vols. 1-2 Published by arrangement with Harper & Brothers; -- v. 3 published by arrangement with Harper & Brothers and Houghton Mifflin Company. ; Mode of access: Internet. ; Available online through HathiTrust Emergency Access Service. Click the HathiTrust button on the right and log in to access this book online
In: Political science quarterly: a nonpartisan journal devoted to the study and analysis of government, politics and international affairs ; PSQ, Band 48, Heft 1, S. 140-142
In: Canadian journal of economics and political science: the journal of the Canadian Political Science Association = Revue canadienne d'économique et de science politique, Band 4, Heft 4, S. 573-576
The April number of the Journal has an editorial note by Professor J. W. Garner in which he reviews the status of " freedom of the seas and states that " since the World War a new conception of neutrality has become widespread." He concludes that " the present chaotic state of the law is regrettable, if not an actual danger to the peace of the world," and thinks that the subject requires " preliminary study by jurists and naval experts."
The General Act for the Pacific Settlement of International Disputes, signed at Geneva, September 26, 1928, is intended to provide for the final settlement of every dispute, of whatever nature it may be. Chapter II is evoted to legal disputes, while Chapter III, Articles 21-28, lays down rules concerning the settlement of non-legal disputes. This idea of a recourse to arbitration for the settlement of purely political conflicts, which Chapter III puts forward, may appear to be inconsistent with a long evolution which has tended to emphasize the judicial character of arbitration. It is true that occasionally states have submitted such conflicts to an arbitral tribunal, but it is for the first time that a provision to this effect has been inserted in a multipartitetreaty. A treaty of this kind has a legislative character and exercises a great influence upon the development of international law. The importance of the General Act is all the greater since some twenty states, including three great Powers, have already ratified it. This treaty, which may be compared only to the Hague Convention,could largely contribute to a revision of the common conception of arbitration. Does it attempt to do so, or is it rather intended to leave this conception unchanged and to create a new method of pacific settlement? In either case, how should the new conception of arbitration be defined? Since purely political disputes cannot be settled by the application of a rule of law, are the powers of the tribunal unlimited? These questions deserve closer consideration, especially since the relevant provisions of Chapter III of the General Act have already inspired certain opinions which, it is believed, are not only contrary to the true meaning of this treaty, but also,if generally adopted, would destroy the very foundations of international arbitration. Now, one of the essential ideas underlying the General Act is not to impair in the least what has already proved useful, but to develop the existing means for the pacific settlement of disputes. Chapter III constitutes an important step forward. Its evolutionary character and its exact meaning can best be realized in the light of the practice of statesand of the jurisprudence of arbitral tribunals.